Legal Question in Family Law in Kentucky
voluntary reversal of child custody
My ex-wife has requested me to take custody of our only child at the end of this school year. She is 10 years old. I told her we would have to update the paperwork which she agreed. I agreed to her terms that she would not pay child support, but would help assist in ''personal'' transportation to and from her school and or day care, depending on my work schedule. She also said she would ''help'' with ''costs'' for daycare/preschool-postschool, as she was able to. These would be the only changes noted-all other custody issues would be completely reversed-meaning I would be Custodial Parent, and she would be Non-custodial. My question is this:
Can we handle this paperwork without physically going to court, as in doing a letter and having it notarized-referring to the case number of our old order? If so, how would I go about getting the order in court, and if not, what do I have to do to get the paperwork reversed with these few changes-without going through expensive lawyers or timely court appearances. Is this even possible? Please help-I am ignorant to this and I'm getting custody of my daughter in about 5 more weeks.
1 Answer from Attorneys
Re: voluntary reversal of child custody
Courts have often accepted Agreed Orders changing custody. However, there is case law that indicates that this is insufficient to permanently modify custody because the requirments of KRS 403.340 & 403.350 are not met by doing this.
Would you still be paying child support? That would have to be modified also. This could all be done without a lawyer, but you may miss some important issues. You would have to go to court however.
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